(1) The share capital company is to state, in its report on payments to governmental bodies, which payments it has made to governmental bodies in the period under report in connection with its activities in the extractive industries or in connection with its pursuit of logging operations in primary forests. Other payments may not permissibly be included in the report on payments to governmental bodies. Where, in a period under report, a share capital company that is under obligation to draw up a report on payments to governmental bodies has not made any payments that must be reported to a governmental body, it is only required to state in its report on payments to governmental bodies for the relevant period under report that it pursued business activities in the extractive industries or in logging operations in primary forests without any payments being made.
(2) The share capital company is to report only on those governmental bodies to which it has made payments directly; this applies also in those cases in which one governmental body collects the payment for several different governmental bodies.
(3) If a governmental body is a shareholder or stockholder of the share capital company and as such is entitled to voting rights, then dividends or shares of the profits that have been paid out must be taken into account only if they
1. were not paid out at the same terms as those governing payments to other shareholders or stockholders holding comparable shares or shares of stock of the same class, or if they
2. were paid instead of production entitlements or royalties.
(4) The share capital company is not required to take into account, in the report on payments to governmental bodies, any payments, whether made as a single payment or as a series of related payments, if they are below 100,000 euros in the period under report. In the case of an existing agreement on regular payments, the total amount of the related regular payments or instalments in the period under report is to be addressed. It is not required to take into account in the report on payments to governmental bodies a governmental body to which an aggregate amount of less than 100,000 euros was paid in the period under report.
(5) Where payments are made in kind, they are to be taken into account based on their value and, if applicable, based on their volume. The report on payments to governmental bodies is to provide an explanation as necessary to explain how their value has been determined.
(6) The disclosure of the payments is to reflect the substance, rather than the form, of the payment or activity concerned. Payments and activities may not be artificially split or aggregated with the aim of avoiding the application of this Subdivision.